Medical Malpractice Lawyers: Judgment

Medical malpractice lawyers evaluate potential cases. For there to be medical malpractice, the doctor must have failed to adhere to the accepted medical standard of care. Or the doctor must have failed to give the patient enough information to give informed consent.

But sometimes medical malpractice lawyers must prove more. Say a doctor claims that there were multiple ways to treat a given condition. In such a case, medical malpractice lawyers must prove that there really was only one acceptable way. (That is, one way that conformed to the accepted standard of care.)

Imagine a doctor claims that he chose one of two accepted treatment methods. The trial judge must then decide if a reasonable jury could agree. If so, the judge must give the medical judgment charge to the jury. However, if not, the doctor generally loses.

The following is the text of the charge. (I have shortened it somewhat for brevity’s sake.)

“A doctor may have to exercise judgment. Your focus should be on whether accepted standards of medical practice allowed judgment to be exercised. If you determine that the accepted standards of medical practice for … treatment with respect to [the treatment involved] did not allow for the treatment alternatives the doctor made here, then the doctor would be negligent.”

Medical Malpractice Lawyers Must Know The Medical Judgment Rule

Recently, New Jersey appellate judges decided a medical judgment case. A patient died from an alleged bowel obstruction. The dispute involved when a colonoscopy could have been performed. The doctor claimed that there were two valid alternatives. And that he chose one of them.

The judges reversed a verdict of over one million dollars in favor of the victim because the trial judge failed to give the medical judgment charge to the jury. You can read the case here.

If you ever are searching for medical malpractice lawyers, choose carefully. You want to choose an experienced lawyer. One who is familiar with the medical judgment rule, and the many other technical requirements of a medical malpractice case.

Affiliations

Membership in Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum limited to lawyers who have won million and multi-million dollar awards & settlements. Avvo rating by Avvo, Inc. Lawyer evaluation methodology is here.*

Bar Member of all State and US Courts in NJ

Bergen County Bar Association

Passaic County Bar Association

Essex County Bar Association

Bar of the US Second Circuit Court of Appeals

Bar of the US Third Circuit Court of Appeals

New Jersey Association for Justice

*Results may vary, depending on your particular facts and legal circumstances. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

All contents of this website are for informational purposes only. They are not legal advice, and shouldn’t be relied upon as such. Consult a lawyer in your jurisdiction about any legal issues you have. Any communication sent to us via this website, or in any other manner not authorized in writing in advance by us, and any reply, is not necessarily confidential or privileged. Please don’t send us any confidential information unless you speak with Mr. Berman first and he gives you written authorization. Sending any communication to us, or our sending any communication to anyone, doesn’t create an lawyer-client relationship. We only represent and/or give legal advice to people who have signed a legal services contract with us.